by Richard D. Lieberman, Consultant | Nov 24, 2020 | Uncategorized
In a recent Armed Services Board of Contract Appeals (“ASBCA”) case, the Board rejected the government’s right to remove a case where the government rescinded a final contracting officer’s decision based upon a late determination of fraud. Mountain...
by Richard D. Lieberman, Consultant | Nov 17, 2020 | Uncategorized
The FAR is very clear that if an agency seeks to use the “brand name [or equal]” method of procurement, this essentially is a sole-source procurement that requires that the contracting officer prepare a supporting justification that is approved. FAR 11.105(a)(1),...
by Richard D. Lieberman, Consultant | Nov 10, 2020 | Rules and Regulations, Uncategorized
The Federal Debt Collection Act of 1982 (“DCA”), provides a way for agencies to offset a pre-existing, valid debt. Pursuant to the DCA the U.S. Government is authorized to “withhold[] funds payable by the United States…to satisfy a claim.” 31 U.S.C. § 3701(a)(1). “A...
by Richard D. Lieberman, Consultant | Nov 3, 2020 | Uncategorized
A “course of dealing” is a “sequence of previous conduct between the parties to an agreement which is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct.” T&M Distribs., Inc., ASBCA No. 51405...
by Richard D. Lieberman, Consultant | Oct 27, 2020 | Uncategorized
Contractors should use caution when submitting an appeal to a Board of Contract Appeals or the Court of Federal Claims. Contractors must ensure that there is an underlying claim, pursuant to the Contract Disputes Act (“CDA”) that they can appeal. One recent...
